Electrical Safety and Other Legislation Amendment Act 2024

Definition of appliance

The definition of appliance is expanded in the ESOLA Act to include devices that consume electricity at extra low voltage. The amendment at section 13 (1) of the ES Act clarifies:

An appliance is a device that consumes electricity and in which the electricity is converted into heat, motion or another form of energy or is substantially changed in its electrical character.

This amendment ensures devices that consume electricity at extra low voltage are included as prescribed electrical equipment and therefore can be brought into the remit of the electrical safety framework.

Definition of electrical equipment

The ESOLA Act amends the definition of electrical equipment to include prescribed electrical equipment. The ESOLA Act also introduces a definition for the term ‘prescribed electrical equipment’.

Definition of prescribed electrical equipment

A definition of prescribed electrical equipment is introduced. Prescribed electrical equipment is defined as extra low voltage equipment that is placing or may place persons or property at electrical risk and is prescribed by regulation.

This risk-based approach to the regulation of extra low voltage equipment recognises that only particular extra low voltage equipment poses a risk to Queenslanders commensurate with low voltage equipment.

Learn more about prescribed electrical equipment.

Definition of electrical work

Amendments to the definition of electrical work include changes to clarify which tasks involving prescribed electrical equipment are not electrical work and therefore do not need to be completed by a licensed electrical worker. The amendments clarify that connection and disconnection of prescribed electrical equipment with other extra low voltage equipment where it can be safely completed by a person without expertise in electrical work and the voltage does not exceed extra low voltage, remains outside of the electrical licensing framework.

Definition of electrical installation

Expansion of the definition of electrical installation (section 15 ES Act) captures new and emerging energy storage and generation technologies. The amended electrical installation definition recognises that electricity can be supplied from not only the works of an electricity entity or a generating source but also from a battery or other storage technology.

Replacement of similar appliances (‘like for like changes’)

Section 19 of the ES Act is amended to clarify ‘electrical installation work’ does not include the replacement of similar appliances in particular circumstances. Replacing an appliance in the electrical installation with a similar appliance if the following circumstances are met does not constitute electrical installation work (these circumstances are prescribed at Part 3, Division 3A of the ES Regulation):

• a voltage rating that is the same as the voltage rating of the appliance included in the electrical installation (the old appliance); and
• a current rating that is not greater than the current rating of the old appliance; and
• a power rating that is not greater than the power rating of the old appliance; and
• the same way of performing the function as the old appliance; and
• electrical characteristics that are the same as or better than the electrical characteristics of the old appliance.
  • Examples of electrical characteristics include ingress protection rating, insulation, earthing, operating temperature.

These changes clarify that licensed electrical fitters in addition to particular restricted electrical licence holders (dependent on scope of work) can carry out this work in addition to licensed electrical mechanics.

Definition of corresponding law

The ESOLA Act amends the ES Act to provide a clearer definition of corresponding law for the purposes of the EESS. Corresponding law is defined as a law of another State that is prescribed by regulation to be a corresponding law. Prescription of corresponding laws is intended to provide greater clarity as to which jurisdictions are ‘participating jurisdictions.’ A corresponding law is a law that implements the EESS framework.

The ESOLA Act also amends the ES Regulation to prescribe Electricity Safety Act 1998 (Vic) to reflect Victoria’s participation in the EESS.

Definition of in-scope electrical equipment

The ESOLA Act provides that, for in-scope electrical equipment, the relevant voltage range is prescribed by regulation. In addition, to reduce the risk of equipment being inadvertently captured, the ESOLA Act provides for items to be specifically prescribed by regulation as not in-scope electrical equipment.

The ESOLA Act also amends the ES Regulation to prescribe the voltage range as low voltage. This maintains the existing scope of the EESS.

The changes in the ESOLA Act more closely align Queensland with Victoria’s definition of in-scope electrical equipment which provides more flexibility in relation to these matters.

Amendment to the national register

Amendments relating to the national register include the removal of the redundant requirement for the regulator to keep the following information in separate databases:

1. Information about responsible suppliers, level 2 and 3 in-scope electrical equipment; and
2. information about certificates of conformity and other matters.

The ESOLA Act amends the ES Act to reflect the role of the Work Health and Safety Prosecutor to conduct and defend proceedings for breaches of Queensland’s electrical safety laws.

The ESOLA Act clarifies that the Electrical Licensing Committee may include or change a condition or restriction in a licence as a form of disciplinary action, without also requiring the suspension of the licence. The intention of this amendment is for the Committee to deliver proportionate disciplinary action to the circumstances before them, reduce disproportionate impacts to licence holders and ensure the licence holder is able to complete the conditions as directed.

The ESOLA Act also provides a clear pathway for the Committee to change or remove a condition or restriction in a licence.

Inspector powers are amended to require the production of documents and answers to questions over longer timeframes in line with the WHS Act.

Key changes include:

• allowing another inspector (different to the inspector that initially entered the workplace) to exercise the powers

• allowing the powers to be exercised within 30 days of entering a place for a suspected contravention – with the power to be exercised by written notice by an inspector

• facilitating interviews with persons using audio or audio-visual links (i.e., platforms such as Microsoft Teams and Zoom).

These changes ensure that inspectors operating across both frameworks are using their powers consistently, and ensures inspectors are equipped to obtain information in a way that is intended to lead to better safety outcomes.

The ESOLA Act introduces the fault element of negligence, in addition to reckless conduct, into the Category 1 offence following a recommendation of the 2018 Boland Review.

This amendment ensures that duty holders whose negligent conduct exposes workers to a risk of death or serious injury or illness can be subject to the same significant penalties that apply to reckless conduct.

The inclusion of negligence in the Category 1 offence is consistent with the terminology used in the industrial manslaughter offence in the WHS Act and means that the existing standard of criminal negligence will apply to both offences.

The ESOLA Act also introduces an alternative verdict for the Category 1 offence, of a Category 2 offence. This means that where a Category 1 verdict cannot be reached, the courts can find the defendant guilty of a Category 2 offence, where this is established by the evidence.

The ESOLA Act makes amendments to:

• expand the scope of the industrial manslaughter offence to capture negligent conduct leading to the death of all individuals (e.g. workers, bystanders and other persons) owed a health and safety duty
• clarifying that multiple parties in a contractual chain can be charged with industrial manslaughter
• provide for alternative verdicts for industrial manslaughter and Category 1 offences.

The ESOLA Act expands the scope of the industrial manslaughter offence beyond workers to capture all individuals (e.g., bystanders/other persons) to whom a health and safety duty is owed. This means that the offence applies to all circumstances where an individual is owed a health and safety duty, and negligent conduct causes the death of the individual. This ensures that negligent work-related deaths of other persons can be treated with the same level of seriousness as the negligent death of workers.

Capturing ‘other persons’ in the industrial manslaughter offence will bring Queensland’s industrial manslaughter laws in line with those in other jurisdictions in Australia.

The ESOLA Act amends the WHS Act to provide for alternative verdicts to industrial manslaughter of a Category 1 or Category 2 offence. This ensures that where a verdict of industrial manslaughter cannot be reached, the courts can find the defendant guilty of an alternative offence where this is established by the evidence.

The ESOLA Act amends the WHS Act to support the Regulator’s ability to regulate the quality of authorisation training, such as high-risk work licence training, delivered by Registered Training Organisations (RTO) in Queensland.

There will be little impact from the amendments to the WHS Act in isolation as the amendments are intended to support any future proposed inclusion of a regulatory approval framework in the Work Health and Safety Regulation 2011. If implemented, a regulatory framework may allow the Regulator to prescribe training and assessment standards to ensure students can demonstrate the skills and knowledge required to perform work safely.

The ESOLA Act introduces the fault element of negligence, in addition to reckless conduct, into the Category 1 offence following a recommendation of the 2018 Boland Review.

The inclusion of negligence in the Category 1 offence mirrors the amendment made to the WHS Act.

The alternative verdict for the Category 1 offence of a Category 2 offence will also apply in the Safety in Recreational Water Activities Act 2011.